QUESTION
Can the court make my neighbor pay my medical expenses?
Asked on Jul 30th, 2013 on Personal Injury - South Carolina
More details to this question:
I was pulling weeds along the fence line out back of my house at dusk. I fell in a large hole created by my neighbor's dogs. I'm not in good physical condition as it is. And now my lower back feels like its been ripped out. My legs seemed like they twisted like a pretzel, my left shoulder and head are also hurt. I don't have money to go to a doctor, but I really need to go. I can't bear this pain. Can neighbor be forced to pay my medical?
8 ANSWERS
James Eugene Hasser
If you have homeowners insurance and there is a medical payments provision in there, it may pay for medical expenses. Check with your agent.
Answered on Aug 06th, 2013 at 12:48 AM
If the hole was on your side of the fence line then the neighbor is liable for being negligent. His homeowner's insurance should pay for the medical bills, pain and suffering, etc.
Answered on Aug 06th, 2013 at 12:48 AM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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If you sue your neighbor and you receive a judgment in your favor, then the Court can enforce that judgment.
Answered on Aug 06th, 2013 at 12:48 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Rather than trying to "force" your neighbor to pay your medicals, why don't you ask them if they have homeowner's insurance and get the name of the carrier and make a claim against their "med pay" coverage which should cover your uninsured medicals up to the limit of coverage (which is usually $3k or $5k, but you can ask your neighbor the amount of the med pay limits). Med pay can be paid without regard to a suit being filed, liability being argued, negligence being proven, etc. Once the med pay is exhausted, your claim would be under the liability limits and you would need to prove negligence and proximate cause. Without serious injuries it is unlikely you can find a lawyer to take any such case on your behalf, at least not on a contingent fee basis.
Answered on Aug 06th, 2013 at 12:47 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I doubt it. What are you doing on the neighbors property?
Answered on Aug 06th, 2013 at 12:46 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Assuming that you can prove that it was his dogs that made the hole, you can take him to court for reimbursement of your medical expenses. This puts you in a catch-22 situation: you don't have the money to go to a doctor, but the court will not grant the relief prospectively, to make him pay as you go, only to pay you back for expenses that you have incurred. If the government would let your tax money pay for your insurance you wouldn't have this problem.
Answered on Aug 06th, 2013 at 12:46 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It is possible. It may depend on whether your neighbor was aware of the hole and did nothing about it.
Answered on Aug 06th, 2013 at 12:46 AM
Ronald A. Steinberg
Well, there are several issues here. One is whether or not your neighbor is liable for the damage to your property by his/her dogs? the answer is yes. The other issue is whether or not the neighbor is liable for your injuries? The answer is that it depends on whether or not the damage was visible to you. If you could see it before you got hurt, then you could have avoided it, and so the neighbor would probably not be liable.
Answered on Aug 06th, 2013 at 12:46 AM